Opinion
DOCKET NO. CA 16-01397
09-08-2016
TAMAICA M. TAYLOR, PLAINTIFF-APPELLANT, v. MARICA A. BIRDSONG AND DAVID L. VANGALIO, DEFENDANTS-RESPONDENTS.
PRESENT:
Respondent Marcia A. Birdsong having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 3, 2016, on the ground that the notice of appeal was untimely taken,
Now, upon reading and filing the affirmation of William J. Kita, Esq., dated August 11, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that the motion failed to include proof of service of the judgment with notice of entry upon appellant's counsel (see CPLR 5513 [a]).
Entered: September 8, 2016
Frances E. Cafarell, Clerk